International Specialty Supply
Supplying Sprout Companies Throughout the World
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International Specialty Supply Supplying Sprout Companies Throughout the World
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820 East 20th Street Cookeville, TN 38501 USA 931 526 1106
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Brassica
Sues Two More Growers and A Seed Company SproutNet International Specialty Supply November 26, 2000 You
can add International Specialty Supply's Prime Seed Division, International
Specialty Supply's Sungarden Sprouting Division and Sunrise Farms to
the list of those being sued by Brassica. ISS is being sued for selling
crucifer seeds that Brassica feels may have infringed upon their patent.
The two sprout companies are being sued for growing broccoli sprouts that
Brassica feels may have infringed. This brings the total up to six sprout
growers, one of which is also a seed company. The
first of the six who were be sued, Harmony Farms, has filed an Answer
and Counterclaim, a Request for Documents, Notice of Deposition with
respect to the two plaintiffs (Brassica Protection Products and Johns Hopkins
University) and the two inventors, A Motion for Partial Summary Judgment Regarding
Validity, and a Motion for Partial Summary Judgment Regarding Infringement. Brassica,
apparently realizing that all defendants may use this approach, quickly made
a motion to transfer these actions and the actions of the five other defendants
to a common court in Maryland (Their home turf). If this motion is
granted, a transferee court will handle all the pretrial matters in all six
lawsuits. Harmony
has filed a response to the Motion to Transfer that included a
Countermotion to Stay the Discovery and for an Early Hearing on the Claim
Construction of the patents. This claim construction hearing should
let the defendants know what, if anything, a sprout grower could do to
infringe the patents. |